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RODRIGUEZ v. COOK

No. 97-35095.

169 F.3d 1176 (1999)

Jerardo RODRIGUEZ, Plaintiff-Appellant, v. David COOK, Director, Oregon State Penitentiary, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 25, 1999.

Attorney(s) appearing for the Case

Jerardo Rodriguez, Salem, Oregon, in pro per for the plaintiff-appellant.

James R. George, Assistant Attorney General, Salem, Oregon, for the defendant-appellee.

Before: NOONAN, THOMPSON, and TROTT, Circuit Judges.

ORDER

The Opinion filed in this case on December 16, 1998, is hereby WITHDRAWN. A new Opinion of this appeal is filed with this order.

OPINION

TROTT, Circuit Judge:

I. Overview

Jerardo Rodriguez ("Rodriguez") appeals, pro se, the dismissal of his complaint brought under 42 U.S.C. § 1983. Rodriguez's complaint alleges that the Oregon Administrative Rule which limits indigent prisoners to five free postage stamps per month...

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